47-26-919 - Advertising. - Tennessee Statutes

47-26-919. Advertising.

(a)  Whenever a packaged commodity is advertised in any manner with the retail price stated, there shall be closely and conspicuously associated with the retail price a declaration of quantity as is required by law or regulation to appear on the package. There shall not be included as part of the declaration required under this section such qualifying terms as “when packed,” “minimum,” “not less than,” or any other terms of similar import, nor any term qualifying a unit of weight, measure, or count (for example, “jumbo,” “giant,” “full,” and the like) that tends to exaggerate the amount of commodity in the package.

(b)  (1)  Weights and measures or weighing and measuring equipment shall not be advertised in any manner using the terms “certified,” “state certified,” “approved,” “state approved,” “inspected,” “state inspected,” or terms of similar import.

     (2)  Notwithstanding the provisions of subdivision (b)(1), a company that was doing business in Tennessee and using the word “certified” as part of its company name, advertising and signage prior to July 1, 1997, may continue to use the word “certified” in advertising and signage for its weights and measures and weighing and measuring equipment; provided, that the company's use of the word “certified”:

          (A)  Does not intentionally defraud, deceive or mislead the consumer;

          (B)  Does not give the false impression that the weighing or measuring equipment has met specific criteria and has been officially approved by the weights and measures division of the department of agriculture or any other federal, state or local governmental agency or weights and measures organization; and

          (C)  The company uses in conjunction with its advertising and signage a disclaimer that states in general terms that the use of the word “certified” does not signify that the weighing or measuring equipment has met specific criteria and has been officially approved by a governmental agency or weights and measures organization.

[Acts 1997, ch. 311, § 1; 1999, ch. 69, § 1.]